Law Talk Episode

24th July 2025

Description

In this week's episode, Nick discusses the process of pressing criminal charges, including prosecutorial discretion, factors influencing decisions (like minor offences or mental impairment), and how victims can challenge non-prosecution decisions. Margaret queries about a neighbor who dismantled her fence without notice and is now being taken to court; Nick advises on disputes under the Dividing Fences Act, stressing the importance of written notice and whether the old fence was "adequate," noting Margaret has photos to support her case. Mark raises concerns about a private parking ticket from Wilson's, and Nick clarifies that these companies generally lack authority to fine and often don't pursue claims in court, recommending Mark consider ignoring the letters, and Tom, a previous caller, shares his experience of successfully ignoring a similar ticket. Finally, Tammy brings up a situation regarding a littering infringement notice issued to her partner based on a witness description that contains discrepancies, and Nick advises on disputing such notices, highlighting the need to challenge witness evidence and the potential risk of court costs if unsuccessful against a council.

Topics Discussed:

Pressing criminal charges process

Pressing criminal charges process

Prosecutorial discretion decisions

Prosecutorial discretion decisions

Challenging non prosecution decisions

Challenging non prosecution decisions

Dividing Fences Act disputes

Dividing Fences Act disputes

Private parking ticket issues

Private parking ticket issues

Disputing littering infringement notices

Disputing littering infringement notices